(PC) Miller v. Moseley, No. 2:2021cv02402 - Document 7 (E.D. Cal. 2022)

Court Description: ORDER signed by District Judge Troy L. Nunley on 6/1/2022 ADOPTING 6 Findings and Recommendations in full and DISMISSING this action without prejudice as duplicative. CASE CLOSED. (Huang, H)

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(PC) Miller v. Moseley Doc. 7 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELIJAH LEE MILLER, 12 Plaintiff, 13 14 No. 2:21-cv-02402-TLN-DB ORDER v. HOWARD E. MOSELEY, 15 Defendant. 16 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 17 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 9, 2022, the magistrate judge’s findings and recommendations to dismiss the 20 21 complaint as duplicative were filed and were served on Plaintiff. (ECF No. 6.) The findings and 22 recommendations contained notice to Plaintiff that any objections to the findings and 23 recommendations were to be filed within twenty (20) days. Plaintiff has not filed objections to 24 the findings and recommendations. The Court has reviewed the file and finds the findings and recommendations to be 25 26 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 27 ORDERED: 28 /// 1 Dockets.Justia.com 1 2 1. The Findings and Recommendations filed March 9, 2022, (ECF No. 6), are adopted in full; 3 2. This action is DISMISSED without prejudice as duplicative; and 4 3. The Clerk of the Court is directed to close this case. 5 DATED: June 1, 2022 6 7 8 9 Troy L. Nunley United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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